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  • NJ A518
  • Establishes Office of Asset and Revenue Recovery within Office of Attorney General in DLPS.
Introduced
(1/27/2016)
In Committee
(1/27/2016)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill establishes the Office of Asset and Revenue Recovery in the Office of the Attorney General in the Department of Law and Public Safety. Under the bill, the office is to be placed under the supervision of a director who is appointed by the Attorney General and who is qualified to direct the work of the office. The director is authorized to establish the internal organizational structure of the office and is granted the authority to employ, promote, and remove such assistants, employees, and personnel as the director deems necessary. Additionally, the director may, within the limits of funds appropriated, obtain outside lawyers and accountants and other professional and administrative support staff or assistants to supplement the work or independently perform the duties and functions of the office. The bill provides that the director and any assistants, employees, and personnel employed or obtained by the office are primarily dedicated to and chiefly responsible for developing and maintaining a full-time program to pursue and institute civil and administrative enforcement actions against persons who, at the determination of the Governor, the Attorney General, or the State Comptroller, waste, abuse, or mismanage State funds or assets with the intent to derive an improper personal benefit, or who, at the determination of the Governor, the Attorney General, or the State Comptroller, perpetrate fraud while in receipt of State funds or assets. For purposes of the bill, "State funds or assets" includes, but is not limited to: (1) funds or assets appropriated, allocated, loaned, or awarded as a grant by the State or any of its departments or agencies, independent authorities, commissions, boards, agencies, or instrumentalities; (2) funds or assets paid or awarded by the State or any of its departments or agencies, independent authorities, commissions, boards, agencies, or instrumentalities in consideration, or for the execution, of a purchase, contract, or agreement; (3) funds or assets made available or derived by the State or any of its agencies, independent authorities, commissions, boards, agencies, or instrumentalities as proceeds from the issuance of bonds, notes, or other obligations; (4) funds or assets made available or derived by the State or any of its agencies, independent authorities, commissions, boards, agencies, or instrumentalities as proceeds from the sale, lease, or rental of real property or personal property; and (5) funds or assets for which there is a fiduciary responsibility by, or which are otherwise entrusted to the care of, an officer or employee of the State or any of its departments or agencies, independent authorities, commissions, boards, agencies, or instrumentalities in the performance of that officer's or that employee's official duties or responsibilities. The bill grants the director the powers necessary to develop and maintain the full-time program to pursue and institute civil and administrative enforcement actions. Specifically, the bill empowers the director with the authority to impose civil administrative sanctions and penalties, to initiate civil actions, to maintain actions for civil recovery or for the seizure of State funds or assets, and enter into civil settlements. The director is also authorized to monitor and further pursue the recovery of damages, sanctions, and penalties and the seizure of property or other State funds or assets. The bill requires the director to make certain notifications and file certain reports with the Attorney General. The director must provide the Attorney General with written notification after proceeding with, and upon the completion of, each action taken by the office to pursue and institute civil and administrative enforcement actions against persons who waste, abuse, or mismanage State funds or assets with the intent to derive an improper personal benefit, or who perpetrate fraud while in receipt of State funds or assets. The director must also make and file an annual report, with the Attorney General, on or before January 31 of each year. The annual report and the notification by the director which is made upon the completion of an action taken by the office must be submitted by the Attorney General to the Governor and the Legislature. Additionally, the bill requires the director to cooperate and otherwise work in consultation with certain other oversight agencies in State government. The bill provides that the State Comptroller may refer certain matters for further civil or administrative action, with recommendations to initiate actions to recover monies, to the director, and that the director may consult with the State Comptroller in pursuing and instituting civil and administrative enforcement actions. The director is also required to work in consultation with the Office of Fiscal Integrity in School Construction in the performance of that office's duties and responsibilities.
Not specified
Introduced, Referred to Assembly State and Local Government Committee  (on 1/27/2016)
 
 
Date Chamber Action Description
1/27/2016 A Introduced, Referred to Assembly State and Local Government Committee
Date Motion Yea Nay Other
None specified